Article 57, paragraph 2, of Protocol I will be applied on the understanding that, with respect to any decision taken by a military commander, the information actually available at the time of the decision is determinative.

Reservation with regard to Article 58 of Protocol I:

In view of the fact that Article 58 of Protocol I contains the expression "to the maximum extent feasible", sub-paragraphs (a) and (b) will be applied subject to the requirements of national defence.

Reservation with regard to Article 75 of Protocol I:

Article 75 of Protocol I will be applied insofar as

a) sub-paragraph (e) of paragraph 4 is not incompatible with legislation providing that any defendant, who causes a disturbance at the trial or whose presence is likely to impede the questioning of another defendant or the hearing of a witness or expert witness, may be removed from the courtroom;

b) sub-paragraph (h) of paragraph 4 is not incompatible with legal provisions authorizing the reopening of proceedings that have resulted in a final declaration of conviction or acquittal.

Reservation with regard to Articles 85 and 86 of Protocol I:

For the purposes of judging any decision taken by a military commander, Articles 85 and 86 of Protocol I will be applied on the understanding that military imperatives, the reasonable possibility of recognizing them and the information actually available at the time that decision was taken, are determinative.

[Declaration under Article 90 (2) of Protocol I]

Reservation with regard to Article 6 of Protocol II:

Article 6, paragraph 2, sub-paragraph (e) of Protocol II will be applied insofar as it is not incompatible with legislation providing that any defendant, who causes a disturbance at the trial or whose presence is likely to impede the questioning of another defendant or the hearing of a witness or expert witness, may be removed from the courtroom."

SOURCE: Notification by the depositary addressed to the ICRC on 16 August 1982.